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Creditor FAQ

While the information presented below is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a bankruptcy attorney or legal association. For filing requirements, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules), and the Local Rules for the United States Bankruptcy Court for the District of Arizona.

Common FAQ (29) | Creditor FAQ (7) | Debtor FAQ (24)
  • Who do I notify about a possible fraudulent filing?

    In order to expedite the handling of complaints of criminal violations in the bankruptcy system, the United States Trustee requires that your complaint be submitted in a signed letter, bearing your return address and telephone number to:

    Office of the United States Trustee Special Investigations Unit 230 N. First Ave., Ste. 204 Phoenix, AZ 85003

    Upon receipt, your complaint will be reviewed promptly. If the information furnished establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. If the United States Attorney deems the matter to hold prosecutorial merit, it will be referred to the appropriate law enforcement agency for investigation. A clearly written statement containing copies of any available documentation will expedite this process.

    Submit the following information:

    1. The bankruptcy case name and file number, together with copies of any pertinent court filings.
    2. A chronological summary of the matter.
    3. A narrative of what occurred.
    4. Names, addresses and telephone numbers (to the extent available) of the subjects and witnesses known to you.

    Once a bankruptcy petition is filed, all information submitted regarding the debtor or entity becomes a matter of public record, no matter what the outcome of the case. This information, which is regularly checked by credit companies, may affect the debtor's or entity's credit rating.

    Get more information regarding reporting suspected bankruptcy fraud from the U.S. Trustee's web site.

  • How do I file for Relief from the Automatic Stay?

    In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay.

    A Motion for Relief from the Automatic Stay is commenced by the filing of a motion. Local Bankruptcy Rule 4001-1 prescribes the procedures for filing a motion for relief from the automatic stay. (Each motion shall be supported by all documents which assert a valid perfected security interest or support an assertion of lack of adequate protection or of equity in that property.)

    The filing fee for a Motion for Relief from the Automatic Stay is $199.00. The original Motion for Relief from the Automatic Stay is required upon filing.

    A downloadable Relief From Stay Manual is available to explain the process in detail.

  • How do I object to the debtor’s general discharge or discharge of a debt owed to me?

    Use the Adversary Pro Se Handout packet in the forms section of the website or click the link below.

  • A company or individual who owes us money filed bankruptcy, what do we do?

    If you have been listed as a creditor in a bankruptcy case, you may file a claim form. If you do not have a claim form, you may pick one up from any Clerk's Office location or download the claim form. Attach any documentation supporting your claim. Only the original claim needs to be filed. If you wish to have a confirmed copy returned to you, please enclose an extra copy and self-addressed stamped envelope.

    Requests for information regarding when a claim will be paid should be directed to the trustee assigned to the case whose name and telephone number can be found on the 341(a) meeting notice.

  • Claim, what is it and how do I file?

    Click here for description and instructions

  • How do I file a change of address?

    Fill out the creditor change of address form and mail it to the court. Please include the case name and case number to ensure the form is filed properly.

     

  • Automatic Stay, what is it?

    An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.